Daily Comment on News and Issues of Interest to Michigan Lawyers

State Legal News

02/24/2017

Nearly 300 police agencies that work to protect more than 80 percent of Michigan’s citizens have now adopted scientifically sound eyewitness identification guidelines recommended by a task force convened by the State Bar of Michigan in 2011.

"Misidentification played a key role in the wrongful conviction of each our clients, who were exonerated years later through DNA testing,” said Marla Mitchell-Cichon, director of the Cooley Innocence Project at Western Michigan University Cooley Law School. “With law enforcement agencies across the state adopting evidence-based identification practices, the reliability of identifications increases and the risk of wrongful convictions decreases. Kudos to the Michigan law enforcement agencies that have implemented reform in this area."

Eyewitness misidentification is the leading cause of wrongful convictions proven with DNA evidence in the United States, playing a role in 71 percent of such cases. In Michigan, 18 of the 66 wrongful convictions that have been overturned since 1989 involved erroneous eyewitness identification, according to the University of Michigan Law School National Registry of Exonerations database, which tracks both DNA and non-DNA exonerations.

In 2011, the State Bar of Michigan convened the Eyewitness Identification Task Force, chaired by Valerie Newman, an attorney with the State Appellate Defender Office, and Nancy Diehl, a retired Wayne County prosecutor. The task force contained judges, sheriffs, Michigan State Police officers, police chiefs, prosecutors, defense attorneys and Innocence Project attorneys.

For a year, the task force reviewed research and listened to experts, then it issued an eyewitness identification policy writing guide for law enforcement agencies that recommended the use of evidence-based procedures that have been endorsed by the National Academy of Sciences, the International Association of Chiefs of Police and the American Bar Association. This guide focused on four key reforms:

Having officers who conduct lineups conduct them in such a way that they are unaware of the suspect’s identity or they are prevented from seeing which suspect is being viewed by an eyewitness at any given time

Instructing the eyewitness that the perpetrator may or may not be present during the lineup procedure

Selecting fillers (non-suspect members of a lineup) that generally match the eyewitness’ description of the perpetrator

Asking the eyewitness to state his or her level of confidence immediately after identification is made

"These best practices will help prevent wrongful convictions in the state of Michigan,” Nancy Diehl said. “I'm proud that our task force brought together a range of criminal justice stakeholders – judges, prosecutors, defense attorneys, law enforcement and the innocence community – to help our state adopt scientifically-based procedures that will reduce the risk of eyewitness misidentification."

"As a criminal defense attorney I have represented innocent people imprisoned based on a mistaken eyewitness identification,” Valerie Newman said. “The adoption of scientifically based eyewitness identification best practices is a very proud moment for Michigan's criminal justice system. These reforms are a major accomplishment achieved after thoughtful research and investigation into improving one aspect of our system. I look forward to continued progress on additional reforms to our criminal justice system."

The Michigan Commission on Law Enforcement Standards (MCOLES), Michigan Police Chiefs Association and Michigan Sheriffs Association worked to train officers in best practices and to help agencies that adopt the policy recommended by the SBM Eyewitness Identification Task Force. Follow-up surveys showed that nearly 300 agencies covering more than 80 percent of the state’s population had adopted evidence-based written policies, including the Detroit Police Department and Michigan State Police.

Michigan is now one of 19 states nationally that has achieved statewide implementation of eyewitness identification best practices, either through statute, court action or substantial voluntary adoption by law enforcement.

“In all of my years as a police officer I never knew of any officer who intentionally tried to convict the wrong person,” said David Harvey, executive director of (MCOLES). “Mistakes unfortunately occur as the profession is based on people and people make errors. Law enforcement in Michigan readily adopted the new policy to ensure that the right person is brought to justice and I am very proud of our agencies and officers for that.”

“The Prosecuting Attorneys Association of Michigan is most pleased that the procedures utilized in eyewitness identification in criminal investigations has been successfully addressed through the refinement and utilization of scientifically supported best practices,” said Mark Reene, president of the Prosecuting Attorney Association of Michigan. “The objective, as always, is that the most accurate information possible be obtained at all times to ensure justice for both victims and suspects. All interests have been furthered through this extraordinary collaborative effort.”

“The Michigan Association of Chiefs of Police was proud to have participated in developing and implementing this Model Eyewitness Identification Policy,” said Bob Stevenson, executive director of Michigan Association of Chiefs of Police. “We are confident that this policy will reduce the likelihood of an innocent person being accused of a crime. The cooperation of all the various participants within the criminal justice field to achieve this goal could be a role model for other states to emulate.”

01/26/2017

Michigan State University Law School will host an interactive workshop to help law students, lawyers and legal services providers improve their professional use of social media, whether you are beginner or a pro. During the workshop, you will learn from Kevin O’Keefe, attorney and CEO of LexBlog Network about how to effectively utilize social media to build a personal brand, establish expertise, and build an online community. The workshop is open to law students, lawyers, academics, judges, court staff and all other legal service delivery professionals.

The workshop is free and will take place from 9 a.m. to 3 p.m. on Feb. 4. Sign up today.

12/12/2016

The Michigan State Bar Foundation has hired Jennifer S. Bentley as its next executive director.

"Jennifer will help the Foundation meet new challenges ahead and sustain its leadership role in access to justice in Michigan," said Margaret Nichols, chairperson of the MSBF Executive Director Search Committee.

Bentley joins the MSBF after serving for 20 years as a staff attorney and manager in several legal aid programs, most recently as Chief Development Officer for statewide nonprofit Michigan Advocacy Program, the umbrella organization for Legal Services of South Central Michigan, Farmworker Legal Services and several statewide advocacy programs including the Michigan Poverty Law Program, the Michigan Immigrant Rights Center, Michigan Elder Justice Initiative and Michigan Law Help. Her work has included a wide range of administrative duties, program development, policy planning and service delivery innovations. She earned her JD from Indiana University School of Law, her Certificate in fundraising management from Indiana University Center on Philanthropy and her BA from Aquinas College.

Bentley will start her new role Jan. 30, and will replace Linda Rexer, who will retire Jan. 6 from the MSBF after serving for 30 years as its executive director. The MSBF provides leadership and funding to advance access to justice for the poor and improve the administration of justice in Michigan. For more information about the MSBF, visit www.msbf.org.

12/06/2016

The Michigan Press Association Foundation has launched the Wade H. McCree Jr. Awards for the Advancement of Justice to recognize Michigan broadcast, print and online journalists whose work fosters greater public understanding of the values of our legal and judicial systems.

The awards are named for Judge McCree, who was dedicated to advancing a greater understanding of the role of a free press in a free society. During a remarkable career that included service as a federal judge, law professor and Solicitor General of the United States, he touched the lives of millions of Americans. Judge McCree was an early and dedicated supporter of the establishment of the Advancement of Justice Awards. The awards were renamed the Wade H. McCree Jr. Awards for the Advancement of Justice in his honor in 1987.

To be eligible, journalistic work must be published, broadcast and/or posted between Jan. 1 and Dec. 31, 2016. The work must inform and educate citizens about the role of the law, the courts, law enforcement agencies, or the legal profession in society. The work could also disclose practices in need of improvement and encourage legal and legislative efforts to reform or modernize laws, courts, and law enforcement agencies.

Entries may consist of feature or news articles, analyses, editorials, or combinations of these. In the broadcast category, documentaries, educational or editorial programs may be submitted. Any Michigan newspaper, news service, news syndicate or network, magazine, television or radio station or legal publication, or any employees of such entities are eligible to enter. There is no charge for entering.

11/10/2016

The State Bar of Michigan Probate and Estate Planning Section will host a seminar, "Planning Techniques for the Taxable Estate," at 9 a.m. on Dec. 1 at the Inn at St. John's in Plymouth. The Institute of Continuing Legal Education is co-sponsoring the seminar.

Those in attendance will learn to secure clients' wealth in today's estate tax environment, get an expert overview of critical concepts and walk away with sample language to use in their practices.

They will also learn to:

Address portability issues

Spot Generation-Skipping Tax (GST) implications

Counsel clients on gifting programs that will achieve tax advantages

Use marital and non-marital trusts effectively

Apply the various funding formulas

Know when the grantor or beneficiary can be a trustee

Ensure trust funding continues during the life of the grantor

The seminar costs $145 for section members and ICLE basic partners, $165 for general admission, and is free for ICLE premium partners.

Lunch will be served, and a panel moderated by Liisa Speaker, of Speaker Law Firm, and consisting of Bradley Hall; Justice Bridget Mary McCormack; Vivek Sanakaran, clinical professor at University of Michigan Law School Child Welfare Appellate Clinic; and Noah Bradow, of the State Court Administrative Office Trial Court Services, will discuss policy, with a focus on the impetus for the MAACS, the lessons learned through its recent consolidation with SADO and potential reforms to child welfare appointed representation.

Registration costs $20 for section members and $30 for non-section members. Scholarships are available for court-appointed attorneys, but to receive a scholarship you must submit your application by mail. To view the agenda or make a reservation, visit http://connect.michbar.org/appellatepractice/home. The registration deadline is Friday, Nov. 4.

04/25/2016

After a comprehensive, year-long process examining how the State Bar of Michigan can best serve the public and support lawyers in the face of a rapidly evolving profession, the SBM 21st Century Practice Task Force has outlined five key problems the legal profession needs to address, and visions and key innovations necessary to overcome the problems. The work product of the task force can be found at http://www.michbar.org/future.

The five problems outlined by the task force are a dysfunctional legal marketplace, significant issues for new lawyers and new challenges for experienced lawyers, inefficient and overly complex legal processes, regulatory hurdles and cultural resistance to innovation. The task force offers many recommendations, including the development of a comprehensive public platform linked to a full range of legal services and information; nurturing of new service delivery options, innovation; simplification and standardization of the courts; dynamic, data-driven new lawyer support; a new model for continuing legal education and professional development; innovative changes to bar admissions; and practical strategies for persistent, value-driven change.

SBM past presidents Bruce Courtade and Julie Fershtman co-chaired the task force. Three committees comprised of prominent Michigan attorneys, judges, academics, and public officials developed the work product. The three committees were Affordability of Legal Services: New Tools for Breaking through the Access Barrier; Building a 21st Century Practice: Developing and Maintaining Professional Excellence in a Dynamic Marketplace; and Modernizing the Regulatory Machinery: Building Resilience and Capacity in the Delivery of Legal Services.

The 21st Century Practice Task Force work builds on the work of the State Bar of Michigan Judicial Crossroads Task Force. Michigan Supreme Court Chief Justice Robert P. Young Jr. has credited the 2011 Crossroads report with making valuable contributions to the transformational, cost-saving changes now underway in Michigan's court system at the direction of the Michigan Supreme Court.

The foundation for the new task force was laid in November of 2014 at a Forum on the Future of Legal Services convened by the State Bar in Lansing. The forum was held in conjunction with the American Bar Association Commission on the Future of Legal Services. ABA President William Hubbard told those gathered at the forum that the justice system is at an inflection point, and he challenged the legal profession to develop a new model to meet the needs of the underserved while enhancing the opportunities for lawyers to thrive in their practices.

03/10/2016

Governor Rick Snyder appointed Paul K. Beardslee to the 10th District Court in Calhoun County.

Beardslee currently serves as city attorney of Marshall and also works in private practice with a focus on civil matters, representing organizations and individuals in real property, personal injury, product liability, wrongful repossession, bankruptcy, estate planning and probate matters. He serves on the Brass Band of Battle Creek Board of Directors and on the Calhoun County Friend of the Court Committee. Beardslee has also served on the Marshall Public School Board, Marshall City Council, Marshall Success Fund and has worked with the Marshall Area Chamber of Commerce. Beardslee began his law career with Dobbins, Sherman and Beardslee, PC.

He earned a bachelor's degree from Spring Arbor University and his law degree from Wayne State University Law School.

Beardslee fills the seat vacated by Judge John Hallacy and must stand for election this November to serve for the remaining four years of the term.

02/05/2016

Governor Rick Snyder appointed Christina Elmore to the 61st District Court in Kent County.

Elmore is currently a solo practitioner in Grand Rapids, handling misdemeanors, felonies, family law, criminal cases and civil matters. She has also served as a judge advocate general for the U.S. Air Force, as an assistant prosecutor in the Kent County Prosecuting Attorney's Office and as an assistant attorney general, with a focus on prosecuting people for failing to pay child support. Elmore has taught military law as a professor at Western Michigan University Cooley Law School.

She earned a bachelor’s degree from the University of Michigan and a law degree at Tulane University Law School.

Elmore fills the seat vacated by Judge Donald Passenger and must stand for election in 2016 for a full six-year term.

01/12/2016

The Michigan Indigent Defense Commission has crafted standards for appointed counsel and submitted them to the Michigan Supreme Court for review. The court seeks public comment on the proposed standards until May 1, and these comments will be considered by the court at a public hearing on May 18.

"These initial standards tackle some of the major problems Michigan faces in the delivery of adequate indigent defense systems: training and education of counsel, the initial client interview, use of investigation and experts and counsel at first appearance and other stages," said MIDC Chair James Fisher in a statement.